Effective Date: April 8, 2020
IMPORTANT: IN THE EVENT OF A MEDICAL EMERGENCY, PLEASE CALL EMERGENCY SERVICES. The COVID-19 Website is not designed or intended for use in the diagnosis or treatment of disease or other conditions, and the recommendations provided by the COVID-19 Website do not constitute medical advice. Please consult your healthcare provider prior to making any decisions related to your health. The COVID-19 Website is only intended for use in the United States.
4. Use of the Blockit Services. User agrees to use the Blockit Services in a manner that is lawful, relevant, and proper to the applicable forum. Any use of the Blockit Services that Blockit, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice. Blockit reserves the right, in its sole discretion, to suspend and/or terminate any User with or without notice at any time in its sole discretion, for any reason or no reason. Each such suspended and/or terminated User agrees to make no further use of the Blockit Services after termination or during suspension. User understands and agrees not to, and not to permit or encourage anyone else to:
A. Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
B. Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
C. Use the Blockit Services for any purpose that is in violation of local, state, national, or international law, including without limitation wage/hour and working condition laws and regulations;
D. Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
E. Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;
F. Take any action that would undermine any aspect of the Blockit Services;
G. Attempt to gain unauthorized access to the Blockit Services, other User accounts, or other devices, computer systems or networks connected to the Blockit Services;
H. Advertise or offer to sell any goods or services for any commercial purpose on the Blockit Services that are not appropriate or relevant to the Blockit Services;
I. Conduct or forward pyramid schemes, chain letters, surveys or contests on or through the Blockit Services, except where sponsored or created by Blockit;
J. Impersonate another person or allow any other person or entity to use User’s user name or password;
K. Post the same content repeatedly or spam - spamming is strictly prohibited;
L. Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Blockit Services;
M. Access, download, or copy any information, content and/or materials from the Blockit Services through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);
N. Schedule appointments which the User does not intend to keep or pay for;
O. Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Blockit Services; or
P. Restrict or inhibit any other User from using and enjoying the Blockit Services.
In addition, User understands and agrees that User should not disclose medical information when communicating with Blockit customer support, either by email at firstname.lastname@example.org, by phone, or by any other means, and that any medical information so disclosed is not subject to federal or state medical privacy regulations. Blockit reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to Blockit in its sole discretion. User may report any alleged improprieties by any User to Blockit by email at email@example.com.
5. Use of the Blockit Services – NOT FOR EMERGENCIES. The Blockit Services are NOT FOR USE FOR MEDICAL EMERGENCIES. Users who believe they are experiencing life-threatening health conditions should call 911, call their regular physician, or go directly to an emergency room.
6. Account Security. User is solely responsible for maintaining the confidentiality of passwords and account information for the Blockit Services, and User is fully responsible for all activities that occur under User's account. User agrees to immediately notify Blockit of any unauthorized use of accounts or any other breach of security.
8. App Store Purchases. In the event that User obtains the Blockit mobile application through Apple, Google, or other third-party application marketplace, User understands and agrees that the third-party marketplace is not responsible for the Blockit Services or content provided by Blockit and is not a party to this Agreement.
9. COPPA Compliance. The Blockit Services are not developed nor intended for use by children. Therefore, Blockit will not knowingly collect any information directly from anyone under the age of 18 unless such individual has been legally emancipated. A User over the age of 18 may use Blockit to schedule appointments on behalf of minors for whom the User is a custodial parent or legal guardian. In so doing, the User understands and consents to the collection of certain information about the minor by Blockit as needed to provide the Blockit Services. Users must identify their age during the registration process. Blockit expressly disclaims, and each User expressly releases Blockit from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to any misrepresentations regarding the age of any User. Blockit reserves the right to suspend and/or terminate with or without notice the subscription of any User who it believes has provided false information when registering for and/or using the Blockit Services, and each User agrees to make no further use of the Blockit Services after any such termination and/or during suspension.
13. Intellectual Property Rights. All information, materials and content, including without limitation text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) on the Blockit Services is owned by Blockit or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Blockit also owns the coordination, selection, arrangement and enhancement of such Proprietary Materials as a collective work and/or compilation under the United States Copyright Act, as amended. User may not copy, download, use, redesign, reconfigure, or retransmit anything from the Blockit Services without Blockit's prior express written permission. Furthermore, User is not allowed to post, distribute or reproduce any User Information that he or she does not own, or which he or she does not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and may subject User to termination or suspension from the Blockit Services and/or civil and/or criminal penalties. In addition, the Blockit Services contains material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of Blockit and/or the relevant right holder.
The service marks, trademarks, logos and trade names appearing on this Blockit Services are owned by Blockit or are appearing on the Blockit Services with permission of the respective owners and User acknowledges the rights of Blockit and the respective third parties therein. User may not copy or use any of these service marks, trademarks, logos or trade names without the prior written permission of the owner.
14. Copyright Complaints and Copyright Agent. It is Blockit's policy to terminate any User who infringes the rights of others upon receipt of notification to Blockit by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. Upon receipt of proper notice of claimed infringement under the DMCA, Blockit will respond to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. If you believe that your work has been copied and posted on or made accessible through the Blockit Services in a way that constitutes copyright infringement, please provide Blockit's designated agent with the following information:
A. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest;
B. A description of the copyrighted work or other intellectual property that is claimed to have been infringed, including the URL (Internet address) or other specific location on the Blockit Services where the material the User claims is infringed is located. Include enough information to allow Blockit to locate the material;
C. Your address, telephone number, and e-mail address;
D. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
E. A statement by you made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Blockit's Copyright Agent for Notice of Claims of Copyright Infringement can be reached at the following address: by e-mail firstname.lastname@example.org, with the subject line "DMCA."
17. U.S. Export Controls. The Blockit Services are subject to United States export controls. No part of the Blockit Services may be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Blockit Services, User represents and warrants that User is not located in, under the control of, or a national or resident of any such country or on any such list.
20. Modifications to the Blockit Services. Blockit reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Blockit Services and/or any information, materials or content on the Blockit Services with or without notice to Users. User agrees that Blockit shall not be liable to User or any third party for any modification or discontinuance of the Blockit Services or any portion thereof.
23. Payment. Blockit may offer payment processing services as part of the Blockit Services, wherein User may use the Blockit interface to pay for products and services offered by authorized service providers, including Medical Service providers. Such payment processing services may be offered through a third-party payment processing partner, and will involve the processing of User’s credit card information and the collection from the applicable service provider a transaction processing fee. While Blockit will use commercially reasonable efforts to protect the privacy of all personal and financial information, Blockit expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries, and/or damages, arising from and/or in any way related to Blockit’s use of third party payment processing services, including without limitation for any damage that may result should any such information be released to any third parties.
User and Medical Service Provider have sole responsibility for negotiating and agreeing upon the services to be provided and the costs associated with the same, including any insurance copayments or deductibles. User is responsible for payment of any services received from Medical Service Providers or other service provider. Any payment disputes must be resolved directly with the service provider.
24. Communications With Medical Service Providers. Blockit Services offer a venue for Users to schedule appointments with Medical Service Providers over the internet. User understands and agrees that Blockit has no control over the acts or omissions of any User or Medical Service Providers on or off the Blockit Services and that Blockit makes no representations or warranties about the quality of the diagnosis, treatment, or consultation provided by any Medical Service Providers. User understands and agrees that Blockit is not responsible for the performance or conduct, whether on or off the Blockit Services, of any Users or Medical Service Providers. User further understands that the provision of content by Blockit from or concerning Medical Services Providers, including text, data, graphics, images, video, audio, guidance, or other materials, does not create a professional/patient relationship or constitute medical diagnosis or treatment, and that the Blockit Services do not constitute the practice of medicine or other learned profession or the provision of medical care.
Information and content that User receives from or through the Blockit Services is for informational, scheduling, and payment purposes only. Blockit makes no representations that the information and content is timely, accurate, or complete. Any medical information transmitted by or through the Blockit Services, including through direct messaging or advertisements, is provided by independent Medical Service Providers and is for informational purposes only. Such information and content is not intended as a substitute for, nor does it replace, advice, diagnosis, or treatment provided by a qualified Medical Service Provider with whom User establishes a professional/patient relationship. User’s use of the information or content described herein is solely at User’s own risk. User is encouraged to independently confirm the credentials of any Medical Service Provider with whom User contracts and the validity of any information or content received by User.
Blockit makes reasonable efforts to ensure that Medical Service Providers who participate in Blockit Services are appropriately licensed to offer the services offered by them, and may exclude Medical Service Providers who, in Blockit’s discretion, have engaged in appropriate or unprofessional conduct. Blockit does not recommend or endorse any Medical Service Provider and does not make any representations or warranties with respect to Medical Service Providers who participate in Blockit Services or the quality of healthcare services they provide. User is responsible for choosing his or her own Medical Service Providers.
Blockit expressly disclaims, and each User expressly releases Blockit from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the Blockit Services, including without limitation any acts and/or omissions of Users and/or Medical Service Providers on or off the Blockit Services. Additionally, Blockit expressly disclaims, and each User expressly releases Blockit from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to disputes between Users and Medical Service Providers.
25. Disclaimer of Warranties. THE BLOCKIT SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, CUSTOM, USAGE, MERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. USER EXPRESSLY AGREES THAT USE OF THE BLOCKIT SERVICES IS AT USER'S SOLE RISK. BLOCKIT DOES NOT REPRESENT, OR WARRANT, AND FURTHER DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH, THE FOLLOWING: (A) THAT ACCESS TO THE BLOCKIT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE BLOCKIT SERVICES WILL BE RELIABLE, ACCURATE, TIMELY OR COMPLETE; AND (C) THE PROPER CONDUCT, WHETHER ON OR OFF THE BLOCKIT SERVICES, OF ANY USERS OR MEDICAL SERVICE PROVIDERS. LIFELINTOCARE DOES NOT REPRESENT OR WARRANT THAT THE BLOCKIT SERVICES ARE FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, SPIDERS, CANCEL BOTS, CORRUPTED FILES, OR ANY OTHER SIMILAR SOFTWARE, MALWARE OR MATERIALS THAT MAY DAMAGE, INTERFERE WITH, DISRUPT, IMPAIR, DISABLE OR OTHERWISE OVERBURDEN THE OPERATION OF ANY DEVICE, COMPUTER SYSTEM OR NETWORK. BLOCKIT CANNOT AND DOES NOT REPRESENT OR WARRANT THAT USER INFORMATION WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS AND SHALL NOT BE LIABLE THEREFOR. BLOCKIT SHALL NOT BE LIABLE FOR, AND EACH USER EXPRESSLY RELEASES BLOCKIT FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE BLOCKIT SERVICES.
26. General Release of Claims. User hereby releases and holds harmless Blockit and Blockit’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors, and licensees from and against all claims that User may have against them for infringement, violations of the rights of privacy or publicity, defamation, disparagement, personal injury, property damage, negligence, and/or any other legal theory arising from or in connection with the Blockit Services and/or the rights and privileges granted or conveyed by User under the Agreement (including, without limitation, those rights and privileges relating to any User Information and/or any elements, derivatives, or marketing of the foregoing). Further, User waives User’s right to, and in no event shall User seek to, enjoin Blockit, any of Blockit’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors, or licensees, or any exercise of the rights or privileges granted or conveyed by User under the Agreement.
User also hereby waives any rights User may have under Section 1542 of the California Civil Code and any other statute or common law principle of similar effect, which provides: “A general release does not extend to claims that the creditor does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
28. Notice. Any notice or other communication to be given hereunder shall be in writing and given by postpaid registered or certified mail return receipt requested to the address listed below, or via electronic mail to: email@example.com.
Blockit Now, Inc.
610 Elms St, Suite 800S
McKinney, Texas 75069
30. Assignment. Blockit may assign this Agreement at any time, including, without limitation, to any parent, subsidiary, or successor entity. User may not assign its rights and obligations under this Agreement without the prior written consent of Blockit.
31. No Waiver. No change, waiver, or discharge of any liability or obligation hereunder on any one or more occasions shall be deemed a waiver of performance of any continuing or other obligation, or shall prohibit enforcement of any obligation, on any other occasion.
32. Severability. In the event that any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the provisions of this Agreement will remain in full force and effect.
34. Headings. The headings in this Agreement are for convenience only, and in no way limit, define, describe, modify, interpret or construe the meaning, scope, or intent of this Agreement or any terms or conditions herein.